Common use of Procedures; Assistance; Expenses Clause in Contracts

Procedures; Assistance; Expenses. The Party having the right to initiate any Infringement Action under this Section 12.6 (Enforcement Against Third Party Infringement) will pay all expenses of such Infringement Action, including attorneys’ fees and court costs and reimbursement of the other Party’s reasonable external costs in rendering assistance requested by the initiating Party. If required under any Applicable Law in order for the initiating Party to initiate or maintain such Infringement Action, or if either Party is unable to initiate or prosecute such Infringement Action solely in its own name or it is otherwise advisable to obtain an effective legal remedy, then, in each case, the other Party will join as a party to such Infringement Action and will execute, and cause its Affiliates to execute, all documents necessary for the initiating Party to initiate litigation to prosecute and maintain such Infringement Action, at the initiating Party’s expense. In addition, at the initiating Party’s request, the other Party will provide reasonable assistance to the initiating Party in connection with an Infringement Action. The non-initiating Party will have the right to participate and be represented in any such Infringement Action by its own counsel at its own expense.

Procedures; Assistance; Expenses. The Party having the right to initiate any Infringement Action under this Section 12.6 8.6 (Enforcement Against Third Party Infringement) above will have the sole and exclusive right to select counsel for any such Infringement Action and will pay all expenses of such Infringement Action, including attorneys’ fees and court costs and reimbursement of the other Party’s reasonable external out-of-pocket costs in rendering assistance requested by the initiating Party. If required under any Applicable Law applicable law or regulation in order for the initiating Party to initiate or maintain such Infringement Action, or if either Party is unable to initiate or prosecute such Infringement Action solely in its own name or it is otherwise advisable to obtain an effective legal remedy, then, in each case, the other Party will join as a party to such Infringement Action and will execute, and cause its Affiliates to execute, all documents necessary for the initiating Party to initiate litigation to prosecute and maintain such Infringement Action, at the initiating Party’s expense. In addition, at the initiating Party’s request, the other Party will provide reasonable assistance to the initiating Party in connection with an Infringement ActionAction at no charge to the initiating Party except for reimbursement by the initiating Party of reasonable out of pocket incurred in rendering such assistance. The non-initiating Party will have the right to participate and be represented in any such Infringement Action by its own counsel at its own expense.